oft proposes expanding use of disqualification for competition violations August 24, 2009
Posted by Bradley in : consumers , trackbackThe UK’s Office of Fair Trading is seeking comments on proposals to improve competition law enforcement by expanding its use of director disqualification. The OFT says that the current approach:
may not sufficiently encourage directors to take positive steps to uncover potentially anticompetitive behaviour or monitor their companies’ competition law compliance. Under the current approach a director who did not know (but ought to have known) that the conduct of the undertaking constituted a breach of competition law is less likely to be subject to a CDO application than one who had reasonable grounds to suspect that it constituted a breach (but who took no steps to prevent it) or one whose own conduct contributed to a breach.
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